Kidnapping Lawyer in Boston

Massachusetts Kidnapping Law Under G.L. c. 265, Section 26

Under G.L. c. 265, section 26, kidnapping means confining or imprisoning another person against their will without lawful authority, carrying or sending someone out of Massachusetts by force, or forcibly seizing or inveigling another person with intent to accomplish any of those results. The statute was amended effective October 2, 2024. A conviction on a base kidnapping charge, without aggravating factors, can result in up to 10 years in state prison, or a fine of up to $1,000 and up to 2 years in a house of correction.

Enhanced Penalties & Parental Kidnapping

Massachusetts law increases the consequences significantly when certain facts are present. The charges and penalties break down this way:

Armed Kidnapping
If the offense is committed while the defendant is armed with a firearm, rifle, shotgun, machine gun, or assault weapon, the charge carries a mandatory minimum of not less than 10 years in state prison, though a sentence of up to 2 and a half years in a house of correction is also available depending on how the case is charged.

Kidnapping for Ransom or Extortion
Where the intent is to extort money or anything of value, the penalty rises to life in prison or any term of years. This is among the most serious charges in the Massachusetts criminal code.

Victim Under 16
Forcibly or secretly confining or kidnapping a child under 16, where the defendant is not the child’s parent, is punishable by up to 15 years in state prison.

Parental Kidnapping Under G.L. c. 265, Section 26A
A relative who takes or retains a minor child or incompetent person without authorization faces up to 1 year in a house of correction, a fine of up to $1,000, or both. If the child is taken out of Massachusetts or the child’s safety is endangered, the penalty rises to up to 5 years in state prison, a fine of up to $5,000, or both. The aggravated penalties under section 26 don’t apply to a parent who takes custody of their own minor child, though the age cutoff for that exemption varies by subsection.

How a Boston Kidnapping Case Moves Through Court

Felony kidnapping cases in Boston are typically arraigned in Boston Municipal Court, which also conducts probable cause hearings to determine whether the evidence is sufficient to bind the case over to Superior Court, which has final jurisdiction over serious felony matters. Suffolk County Superior Court covers Boston, Winthrop, Chelsea, and Revere. The probable cause stage is an important early opportunity to challenge the Commonwealth’s evidence before the case advances.

Defense Theories in Massachusetts Kidnapping Cases

The Commonwealth must prove every element of a kidnapping charge beyond a reasonable doubt, and that burden is the foundation of any defense. Several theories arise regularly depending on the facts involved.

One of the most frequently raised defenses is consent: if the alleged victim wasn’t confined or moved against their will, a central element of the charge fails. Other recognized defenses include lack of the required intent, mistaken identity, and alibi evidence placing the defendant elsewhere at the time of the alleged offense. The defense may also challenge whether the Commonwealth can establish lack of lawful authority or prove that any confinement was forcible or secret within the meaning of the statute.

Because Attorneys DeGiacomo and Mikhlin understand how prosecutors select and present this evidence, they know where arguments may be more likely to land and how to frame the defense for the judge and jury who will decide the case.

Attorneys DeGiacomo and Mikhlin are available around the clock. Call (617) 941-3666 to schedule a free consultation and discuss your options with a former prosecutor who understands how these cases are built and how to fight them.